California 2019-2020 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

AB 3075 — Wages: enforcement.

Last action — Chaptered by Secretary of State - Chapter 357, Statutes of 2020.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2020. Enacted.

Prognosis

Likely to advance 90% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides for the formation and governance of various business entities, including, but not limited to, limited liability companies, limited liability partnerships, and corporations. Existing law requires a corporation and foreign corporation, limited liability company, or foreign limited liability company registered to transact intrastate business to file specified documents disclosing information regarding the entity with the Secretary of State, including, but not limited to, a statement of information. Existing law requires the statement of information to contain certain information, including specified statements regarding the general type of business that constitutes the principal business activity of the corporation or limited liability company. Existing law provides that an individual who signs a statement of information for any limited liability company or foreign limited liability company affirms under penalty of perjury the information stated in the statement is accurate. This bill, beginning January 1, 2022, or upon certification by the Secretary of State that California Business Connect is implemented, whichever is earlier, would require the statement of information to also contain a statement indicating whether any officer or any director, or, in the case of a limited liability company, any member or any manager, has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. The bill would require, if the Secretary of State certifies California Business Connect is implemented prior to January 1, 2022, the Secretary of State to post notice of the certification on the homepage of its internet website and send notice of the certification to the Legislative Counsel. Because the bill would expand the crime of perjury, it would impose a state-mandated local program. (2) Existing law provides that a successor employer of property services workers is liable for any wages, damages, and penalties its predecessor employer owes to any of the predecessor employer's former workforce if the successor employer meets specified criteria, including that the employer uses substantially the same workforce to offer substantially the same services as the predecessor employer. This bill would provide that a successor to any judgment debtor shall be liable for any wages, damages, and penalties owed to any of the judgment debtor's former workforce pursuant to a final judgment, as described. The bill would set forth certain criteria that establish successorship. (3) Under existing law, the Labor Commissioner enforces statutory wage requirements, including minimum wage amounts. Existing law specifies that nothing in these statutory provisions precludes a local jurisdiction from enforcing local labor standards that are more stringent than the state standards. This bill would, instead, provide that nothing in the statutory provisions precludes a local jurisdiction from enforcing local labor standards and would expressly authorize local jurisdictions to enforce local standards relating to the payment of wages that are more stringent, than state standards. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 357, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 11. Page 5481.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 3.).

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered returned to second reading.

  9. From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 20).

  10. In committee: Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (August 5). Re-referred to Com. on APPR.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.

  13. Referred to Com. on L., P.E. & R.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 19. Page 4883.)

  16. Read third time and amended. Ordered to third reading. (Page 4747.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 13. Noes 5.) (June 3).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (May 19). Re-referred to Com. on APPR.

  21. Re-referred to Com. on B. & F.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.

  23. Re-referred to Com. on B. & F.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.

  25. Referred to Com. on B. & F.

  26. Read first time.

  27. From printer. May be heard in committee March 23.

  28. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 8 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 3075 Gonzalez Concurrence in Senate Amendments

Passed 59 Yea · 11 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 37806
Democratic 21001
Republican 1302
Total 591109
% of votes cast 75%14%0%11%
How each member voted (79)
Member Party Vote
Levine — Yea
Nazarian — Yea
Jones-Sawyer — Yea
Friedman — Yea
Wood — Yea
Rendon — Yea
Holden — Yea
Medina — Yea
Bloom — Yea
Mullin — Yea
Rodriguez — Yea
Chiu — Yea
Burke — Yea
Maienschein — Yea
Weber — Yea
Brough — Yea
Kamlager — Yea
Santiago — Yea
Smith — Yea
Gonzalez — Yea
Quirk — Yea
Gloria — Yea
McCarty — Yea
Chu — Yea
Low — Yea
O'Donnell — Yea
Chau — Yea
Bigelow — Nay
Diep — Nay
Fong — Nay
Obernolte — Nay
Waldron — Nay
Mathis — Nay
Kiley — Nay
Mayes — Nay
Frazier — Not Voting
Gray — Not Voting
Eggman — Not Voting
Voepel — Not Voting
Cooley — Not Voting
Cunningham — Yea
Daly — Yea
Salas — Yea
Ting — Yea
Cooper — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB3075 Gonzalez et al. By Durazo

Passed 28 Yea · 3 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 19305
Democratic 9001
Republican 0003
Total 28309
% of votes cast 70%8%0%23%
How each member voted (40)
Member Party Vote
Roth — Yea
Galgiani — Yea
Portantino — Yea
Rubio — Yea
Atkins — Yea
Wieckowski — Yea
Hertzberg — Yea
Pan — Yea
Mitchell — Yea
Monning — Yea
Glazer — Yea
Beall — Yea
Hueso — Yea
Leyva — Yea
Allen — Yea
Bradford — Yea
Skinner — Yea
Dodd — Yea
Hill — Yea
Melendez — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Not Voting
Chang — Not Voting
Borgeas — Not Voting
Bates — Not Voting
Moorlach — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 0100
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Yea
Hill — Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 3075 Gonzalez Assembly Third Reading

Passed 53 Yea · 19 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 19003
Unaffiliated 341304
Republican 0600
Total 531907
% of votes cast 67%24%0%9%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Smith — Yea
Weber — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Quirk — Yea
McCarty — Yea
Low — Yea
Bloom — Yea
Burke — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
Chiu — Yea
Chu — Yea
Jones-Sawyer — Yea
Ting — Yea
Chau — Yea
Santiago — Yea
Frazier — Yea
Kiley — Nay
Brough — Nay
Diep — Nay
Bigelow — Nay
Fong — Nay
Waldron — Nay
Cunningham — Nay
Voepel — Nay
Gray — Nay
Mathis — Nay
Obernolte — Nay
Mayes — Nay
O'Donnell — Not Voting
Salas — Not Voting
Cooper — Not Voting
Daly — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 7400
Republican 0100
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
McCarty — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Fong — Nay
Voepel — Nay
Diep — Nay
Bigelow — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3100
Republican 0200
Total 9300
% of votes cast 75%25%0%0%
How each member voted (12)
Member Party Vote
Weber — Yea
Burke — Yea
Fong — Nay
Mark Stone — Yea
Bauer-Kahan, Rebecca Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Grayson, Timothy S. Democratic Yea
Limón, Monique Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 3075 do?
(1) Existing law provides for the formation and governance of various business entities, including, but not limited to, limited liability companies, limited liability partnerships, and corporations. Existing law requires a corporation and foreign corporation, limited liability company, or foreign limited liability company registered to transact intrastate business to file specified documents disclosing information regarding the entity with the Secretary of State, including, but not limited to, a statement of information. Existing law requires the statement of information to contain certain information, including specified statements regarding the general type of business that constitutes the principal business activity of the corporation or limited liability company. Existing law provides that an individual who signs a statement of information for any limited liability company or foreign limited liability company affirms under penalty of perjury the information stated in the statement is accurate. This bill, beginning January 1, 2022, or upon certification by the Secretary of State that California Business Connect is implemented, whichever is earlier, would require the statement of information to also contain a statement indicating whether any officer or any director, or, in the case of a limited liability company, any member or any manager, has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. The bill would require, if the Secretary of State certifies California Business Connect is implemented prior to January 1, 2022, the Secretary of State to post notice of the certification on the homepage of its internet website and send notice of the certification to the Legislative Counsel. Because the bill would expand the crime of perjury, it would impose a state-mandated local program. (2) Existing law provides that a successor employer of property services workers is liable for any wages, damages, and penalties its predecessor employer owes to any of the predecessor employer's former workforce if the successor employer meets specified criteria, including that the employer uses substantially the same workforce to offer substantially the same services as the predecessor employer. This bill would provide that a successor to any judgment debtor shall be liable for any wages, damages, and penalties owed to any of the judgment debtor's former workforce pursuant to a final judgment, as described. The bill would set forth certain criteria that establish successorship. (3) Under existing law, the Labor Commissioner enforces statutory wage requirements, including minimum wage amounts. Existing law specifies that nothing in these statutory provisions precludes a local jurisdiction from enforcing local labor standards that are more stringent than the state standards. This bill would, instead, provide that nothing in the statutory provisions precludes a local jurisdiction from enforcing local labor standards and would expressly authorize local jurisdictions to enforce local standards relating to the payment of wages that are more stringent, than state standards. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 3075?
AB 3075 is sponsored by Kalra, Ash (Democratic) and Gonzalez, Jeff (Republican).
What is the current status of AB 3075?
This bill has been enacted into law. Introduced February 21, 2020. Enacted.
Where can I track AB 3075?
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